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President/Secretary, Agricultural ... vs Ashok Vyanktesh Avatade And 5 Ors. on 22 July, 2025

14 fa608.2009..odt The said finding of the Reference Court appears contrary to the mandate in the case of Bharat Sanchar Nigam Limited (supra) that the Reference Court was not sitting in an appeal against the award to approve or disapprove its reason or correct its error or affirm, modify, or reverse the conclusion reached by the LAO. Likewise, the Reference Court cannot take into account the material relied upon by the LAO in his award unless the same was produced and proved before it. But the Reference Court has to treat the reference as an original proceeding before it and determine the market value afresh on the basis of the material produced before it.
Bombay High Court Cites 22 - Cited by 0 - Full Document

The State Of Manipur Represented By The ... vs Mr. Zamlianlal Haokip on 10 January, 2023

On careful perusal of the judgement of the Hon'ble Apex Court in the case of Bharat Sanchar Nigam Limited (supra), this court is of the considered view that the ratio laid down by the Hon'ble Apex Court in the said case is not applicable in the present case. The Hon'ble Apex Court rendered the said judgement on the basis of the statutory provisions provided under the old Land Acquisition Act, 1894, more particularly Section 23 of the said Act, which relates to the determination of the market value/ compensation of the acquired land. In the present case, the acquisition proceeding was under the new Acquisition Act of 2013. The criteria to be followed in assessing and determining the market value of the land to be acquired as provided under Section 23 and 24 of the old Land Acquisition Act, 1894 and the criteria to be followed in assessing and determining the market value of the land to be acquired as provided under Section 26 of the new Acquisition Act of 2013 are totally different. Under Section 26 of the new Acquisition Act of 2013, the Collector can determine the market value of the land not only on the basis of the market value specified in the Indian Stamp Act, 1899 but also on the basis of the floor price or minimum price specified by the State Government concerned. In view of the above, this court cannot agree with the submissions advanced by the learned counsel for the respondent No 1/Claimant.
Manipur High Court Cites 18 - Cited by 0 - A B Singh - Full Document

Vellan vs Special Tahsildar (La) on 29 January, 2025

9. The Supreme Court has in Bharath Sanchar Nigam Limited v. Nemichand Damodardas and another [2022 (14) SCC 60]; Chimanlal Hargovinddas v. Special Land Acquisition Officer, Poona and another [(1988) 3 SCC 751] and Himmat Singh and others v. State of Madhya Pradesh and another [(2013) 16 SCC 392] elaborated on the positive and negative factors that are to be duly taken note of while assessing the market value LA.APP.NO.25 OF 2014 17 2025:KER:8246 based on exemplars produced.
Kerala High Court Cites 17 - Cited by 0 - Full Document

Rev. Dept., Rep.B Y Plr. Sec. And ... vs Mohd. Raheemuddin And Another, on 7 March, 2025

27. As discussed above and also in view of the ratio laid down by the Hon'ble Apex Court in Bharat Sanchar Nigam Limited (4 supra), rates mentioned in the Basic Value Register cannot be considered for determination of compensation payable for the land acquired by the Land Acquisition Officer. However, the Hon'ble Apex Court in catena of judgments categorically held that rates mentioned in Ready Reckoner/Basic Value Register are specifically meant for the purpose of collecting of stamp duty. Therefore, the principle of deduction of development charges while collecting the stamp duty for registration cannot be applied.
Telangana High Court Cites 13 - Cited by 0 - A K Shavili - Full Document

Satpal Singh (Deceased) Through Lrs & ... vs State Of Haryana And Ors on 17 October, 2022

3.9 Besides the sale deeds, the landowners have produced the Collector's rates with respect to the year 2002-2003, 2003-04, 2008-09. These are not relevant for assessing the market value of the acquired land in view of the recent judgment in Bharat Sanchar Nigam Limited vs. Damodardas 2002 (SCC Online) SC 815 3.10 The landowners have also relied upon the various awards of the RC assessing the market value of different parcels of acquired land, from time to time. Ex.P30 is RC's award assessing the market value as on 11th May, 1997, for acquiring land to develop Sector 7, Karnal, at the 14 of 19 ::: Downloaded on - 24-12-2022 11:42:07 ::: RFA-2513-2016 (O&M) 15 rate of Rs.485.20 per square yard. Similarly, Ex.P7 is RC's award assessing the market value of the acquired land as on 09.03.1993 in respect of acquisition of land for developing the New Anaj Mandi, at the rate of Rs.180/- per square yard. Ex.P32 is again RC's award assessing the market value as on 10.04.1989, acquired for extension of New Grain Market, at the rate of Rs.147.68 per square yard. Ex.P33 is the copy of judgment passed by a Division Bench assessing the market value of the acquired land as on 05.03.1993 for extension of New Grain Market at the rate of Rs.180/- per square yard. Ex.P34 is, again a Division Bench's judgment assessing the market value as on 08.02.1989 at Rs.147.68 per square yard with respect to acquisition of land for development of residential and commercial Sector 4 and 5, Karnal. Ex.P35 is, again, RC's award assessing the market value as on 02.01.2002 at the rate of Rs.439/- per square yard with respect to acquisition of land in Village Phusgarh for developing residential and commercial sectors 32 and 33. Ex.P38 is an order passed by the Collector determining the amount of stamp duty.
Punjab-Haryana High Court Cites 18 - Cited by 0 - A Kshetarpal - Full Document
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